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Litigation Minute: When the Federal No Surprises Act's Dispute Resolution Process Does Not Apply: Exempt Payors or State Law...

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - For health care providers offering items and services to out-of-network (OON) patients1 in certain emergency and nonemergency settings, the federal No Surprises Act (NSA)...more

Litigation Minute: When the Federal No Surprises Act's Dispute Resolution Process Does Not Apply: No "Surprise Billing"...

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - For health care providers offering items and services to out-of-network (OON) patients in certain emergency and nonemergency settings, the federal No Surprises Act (NSA) establishes...more

Health Care Triage: Navigating the Independent Dispute Resolution Process Under the No Surprises Act

In this episode, Steven Pine and Gary Qualls discuss the arbitration provision under the federal No Surprises Act, controversy around the qualifying payment amount (QPA), a recent decision in a Texas federal court that...more

Navigating the Federal Independent Dispute Resolution Process Within the No Surprises Act: Eight Traps for Unwary Providers

For providers offering items and services to out-of-network (OON) patients in certain emergency and nonemergency settings, the No Surprises Act (NSA) establishes a new federal independent dispute resolution (IDR) process...more

Agencies Propose Rules to Implement No Surprises Act Federal IDR Process

This alert summarizes recent rules implementing the federal independent dispute resolution (IDR) process under the No Surprises Act (the Act). In a nutshell, the federal IDR process is the process in which arbitrators decide...more

The Federal No Surprises Act and Its Arbitration Provisions

On 28 December 2020, the federal No Surprises Act (Act) was enacted. The Act seeks to protect patients from so-called “surprise medical bills” in certain emergency and nonemergency settings for out-of-network patients. This...more

340B Update: Recent Supreme Court Ruling May Curtail 340B Program Discriminatory Pricing

The U.S. Supreme Court recently issued a unanimous decision in Rutledge v. Pharmaceutical Care Management Ass’n, which supports the validity of state statutes that regulate reimbursement rates pharmacy benefit managers (PBMs)...more

K&L Gates Triage: Michael P. V. BCBS Of Texas

In this week’s episode, Gary Qualls discusses a recent case decided in the Western District of Louisiana, which highlights how the application of the arbitrary and capricious standard as applied to payor coverage...more

COVID-19: Impact on Hospitals of the Temporary Elimination of the 2% Medicare Sequestration Cuts

Certain provisions of the recent CARES Act impact how hospitals are reimbursed under original Fee-For-Service Medicare (i.e., Part A and Part B) and existing Medicare Advantage contracts. Specifically, the CARES Act...more

K&L Gates Triage: Health Care Provider v. Payor Disputes Simplified: Getting Around ERISA Preemption

In this week’s episode, Gary Qualls discusses the recent Louisiana federal district court decision in Crescent City Surgical Centre vs. United Healthcare of Louisiana, in which the court found that an out-of-network...more

Health Care Provider v. Payor Disputes Simplified: Getting Around ERISA Preemption

In this article, I try to provide a simplified distillation of Crescent City Surgical Centre v. United Healthcare of La., Inc., [1] a recent dispute between a health care provider and a payor. For ease of reading, anything...more

K&L Gates Triage: Important Takeaways from Omega Hospital, LLC v. United Healthcare Services, Inc.

In this episode, Gary Qualls discusses a recent development in payer litigation which implicates a number of recurring issues often raised in Employee Retirement Income Security Act (ERISA) cases. Specifically, a federal...more

K&L Gates Triage: Recent Developments in Provider v. Payer Litigation -- Medicare Advantage Disputes

In this episode, Gary Qualls discusses a recent development in payer litigation, regarding a provider’s recovery of Medicare Advantage payments pursuant to a Medicare Advantage contract. Specifically, a recent federal case...more

Expanded Option to Settle Medicare Appeals

In an effort to resolve its backlog of Medicare appeals, the Department of Health & Human Services’ Office of Medicare Hearings and Appeals (OMHA) established a Settlement Conference Facilitation (SCF) pilot program in June...more

OMHA to Host Call on Expanded Settlement Conference Facilitation on May 22, 2018

The Office of Medicare Hearings and Appeals (“OMHA”) recently expanded the Settlement Conference Facilitation (“SCF”) program, an alternative dispute resolution process, to allow more providers and suppliers with pending Part...more

Recent 11th Circuit Decision Is a Victory for Health Care Providers Challenging Insurer Reimbursement Decisions and a Reminder of...

The existence and scope of assignments of benefits from patients to health care providers continues to be critically important to a provider’s ability to challenge an insurer’s reimbursement decision under the Employee...more

Termination of the Affordable Care Act’s Cost Sharing Reduction Subsidies

There is a growing likelihood that the current administration will terminate funding for the Affordable Care Act’s (ACA) cost sharing reduction (CSR) subsidies some time within the next two months. The administration has the...more

North Carolina Court of Appeals Confirms Peer Review Privilege

Recently, the North Carolina Court of Appeals confirmed the state’s statutory peer review privilege by holding that documents produced or considered by a hospital’s Medical Review Committee (“MRC”) were protected from...more

Federal Appeals Court Rejects Challenge to Virginia's Certificate of Need Law

On January 21, 2016, the United States Court of Appeals for the Fourth Circuit (the “Court”) upheld Virginia’s Certificate of Public Need (“CON”) Program against a constitutional challenge. The Appeals Court held that the CON...more

340B Orphan Drug Interpretive Rule Struck Down by D.C. District Court: HHS and HRSA Lose In Second Round of Litigation Over 340B...

In an Opinion issued October 14, 2015, D.C. District Court Judge Rudolph Contreras granted Pharmaceutical Research and Manufacturers of America’s (“PhRMA”) motion for summary judgment against the U.S. Department of Health and...more

American Arbitration Association’s Commercial Arbitration Rules Revised

The American Arbitration Association (“AAA”) has recently amended its AAA Commercial Rules (the “Commercial Rules”), which apply to thousands of U.S. domestic arbitrations annually. The amendments take effect for all...more

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